pdf The Role of Military Legal Officers in the Development of Cyber Aspects within Indonesia’s Military Law

Abstract

The rapid advancement of information technology has transformed various aspects of human life, including the defense and security sectors. In Indonesia, the digital transformation within the Indonesian National Armed Forces (TNI) has expanded military operations into the cyber domain, creating new challenges related to cyber threats such as data breaches, system sabotage, and cyber espionage. However, the current Indonesian military legal system has not fully accommodated the unique characteristics of cyber activities. Existing laws, including the Military Penal Code (KUHPM) and the Military Court Law, remain focused on conventional offenses, while the Electronic Information and Transactions Law (ITE Law) primarily addresses civilian contexts. This legal gap raises questions about jurisdiction and the application of military versus civilian law in cyber-related offenses involving military personnel.

This study employs a normative legal research method, analyzing statutory regulations and legal doctrines relevant to cyber law and military law. The findings highlight the urgent need to integrate cyber aspects into Indonesia’s military legal framework. The role of military legal officers (Perwira Hukum) is crucial in bridging the gap between technological developments and legal norms. Their roles encompass preventive and educational efforts, law enforcement, and policy formulation related to cyber defense.

The study concludes that strengthening the legal and institutional capacity of military legal officers is essential to address cyber threats effectively. Legal reform should include the incorporation of specific cybercrime provisions into military law, the establishment of specialized cyber investigative units, and enhanced inter-agency coordination among TNI, BSSN, KOMINFO, BIN, and POLRI. Through these measures, military legal officers can play a strategic role in modernizing Indonesia’s military legal system and ensuring national cyber resilience.